Lawyer says inmate was denied meds

McIntosh sheriff says the man, who died in his cell, was treated.

MIKE MORRISON

A Port St. Lucie man found dead in his cell Monday at the McIntosh County Detention Center complained of health problems, was denied medical care and should have been released several days before his death, his attorney said Thursday.

Dan C. Gregory, 68, was being held on a warrant from Palm Beach County for violating probation stemming from reckless driving and resisting arrest charges. A Florida judge issued an order Nov. 6 setting a $2,500 bail and scheduling a plea conference a month later.

West Palm Beach attorney Valentin Rodriguez said he faxed the order to McIntosh County Sheriff Charles "Chunk" Jones that morning, and Gregory should have been released soon thereafter.

"I got no response from the sheriff at all," Rodriguez said.

Gregory's McIntosh County attorney, Don Nelson, then hand-delivered a copy of the order to the detention center, Rodriguez said.

"Nobody would acknowledge receiving the order so we had him hand-carry it to them Friday," Rodriguez said. Still, Gregory was not released.

Jones, however, said the order he received was not signed by the judge and, therefore, was not valid.

"The man was supposed to be released last week," Jones said, "but the judge didn't sign the order. We couldn't release him until we got the signed order, and we didn't get it until Monday."

Sunday night, Gregory called home and told his wife he was suffering in jail.

"He called his wife Sunday night and said, 'My heart is hurting. I have chest pains,' " Rodriguez said.

"Monday morning, I'm on the phone with their office screaming and yelling for them to release my client," he said.

It was only later that he learned Gregory had died in jail, Rodriguez said.

Rodriguez acknowledged that the first order he faxed had not been signed but said it still should have prompted the Sheriff's Department to contact Palm Beach County.

"Proper procedure is for him to confirm it with the county," Rodriguez said.

Rodriguez said he asked the McIntosh County Sheriff's Office to do just that but they did not bother to call.

Gregory, who had been detained since Oct. 30, told authorities he had a pacemaker and sleep apnea and needed his medication, Rodriguez said.

"The family even sent people to the jail to tell them Mr. Gregory needed medical treatment, but they just took it as a joke," Rodriguez said.

Gregory's wife, Wanda Gregory, said her husband used a medical apparatus when he slept because of the sleep apnea, but was not allowed to have it in his cell.

"He was not allowed to use it," she said, "and my understanding is they wouldn't allow him to have access to his medication, either."

She said they'd been staying at their McIntosh County vacation home when Gregory was taken into custody after being stopped for driving too slowly.

"He was in a neighborhood where they'd had a couple of burglaries and somebody called the police," she said.

He was booked on charges of driving with a suspended license and possession of firearms by a convicted felon, Rodriguez said. He bonded out on those charges, but that incident led to re-arrest later on the Palm Beach warrant.

Jones said the allegations that Gregory had been denied medical treatment and was not allowed to take his medication were not true.

"He did receive medical attention," Jones said. "That's handled by the nurses. I don't know if he saw a doctor or not, but if he was supposed to be taking medication, he would've gotten it. There's no reason why we wouldn't give it to him."

"If he had been released Thursday, or even Friday, I'm sure he would have sought medical treatment and would be alive today," Rodriguez said.

McIntosh County Attorney Jim Coppage said he has begun to look into the incident.

"I've requested copies of any and all investigative reports, but haven't received any yet," Coppage said.